Illinois General Assembly - Full Text of HB4589
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Full Text of HB4589  103rd General Assembly

HB4589 103RD GENERAL ASSEMBLY

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4589

 

Introduced 1/31/2024, by Rep. Jay Hoffman - Brad Stephens

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 4005/12 rep.
625 ILCS 5/1-110.05 new
625 ILCS 5/1-115.01 new
625 ILCS 5/1-118  from Ch. 95 1/2, par. 1-118
625 ILCS 5/5-401.2  from Ch. 95 1/2, par. 5-401.2
625 ILCS 5/5-402.1  from Ch. 95 1/2, par. 5-402.1
815 ILCS 325/2  from Ch. 121 1/2, par. 322
815 ILCS 325/3  from Ch. 121 1/2, par. 323
815 ILCS 325/4.1
815 ILCS 325/4.4

    Amends the Illinois Vehicle Hijacking and Motor Vehicle Theft Prevention and Insurance Verification Act. Eliminates the provision that provided for the repeal of the Act on January 1, 2025. Amends the Illinois Vehicle Code. Includes "catalytic converter" in the definition of "essential parts". Amends the Recyclable Metal Purchase Registration Law. Excludes catalytic converter from the definition of "recyclable metals". Requires transactions involving a catalytic converter to include the identification number of the vehicle from which the catalytic converter was removed and the part number or other identifying number of the catalytic converter that was removed. Provides that, in a transaction involving a catalytic converter, the recyclable metal dealer must also require a copy of the certificate of title or registration showing the seller's ownership in the vehicle. Makes it unlawful for any person to purchase or otherwise acquire a used, detached catalytic converter or any nonferrous part thereof unless specified conditions are met. Provides that a used, detached catalytic converter does not include a catalytic converter that has been tested, certified, and labeled for reuse in accordance with the United States Environmental Protection Agency Clean Air Act. Defines terms. Makes technical changes.


LRB103 37108 MXP 67227 b

 

 

A BILL FOR

 

HB4589LRB103 37108 MXP 67227 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    (20 ILCS 4005/12 rep.)
5    Section 5. The Illinois Vehicle Hijacking and Motor
6Vehicle Theft Prevention and Insurance Verification Act is
7amended by repealing Section 12.
 
8    Section 10. The Illinois Vehicle Code is amended by
9changing Sections 1-118, 5-401.2, and 5-402.1 and by adding
10Sections 1-110.05 and 1-115.01 as follows:
 
11    (625 ILCS 5/1-110.05 new)
12    Sec. 1-110.05. Catalytic converter.
13    "Catalytic converter" means a post-combustion device that:
14(1) oxidizes hydrocarbons and carbon monoxide gases or reduces
15oxides of nitrogen; and (2) is designed or intended for use as
16part of an emission control system. As used in this Section,
17"catalytic converter" includes nonferrous parts, including
18rhodium, platinum, and palladium.
 
19    (625 ILCS 5/1-115.01 new)
20    Sec. 1-115.01. Detached catalytic converter.
21    "Detached catalytic converter" means a catalytic

 

 

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1converter, as defined in Section 1-110.05 of the Code, that
2was previously installed on a motor vehicle and subsequently
3removed.
 
4    (625 ILCS 5/1-118)  (from Ch. 95 1/2, par. 1-118)
5    Sec. 1-118. Essential parts. All integral and body parts
6of a vehicle of a type required to be registered hereunder, the
7removal, alteration or substitution of which would tend to
8conceal the identity of the vehicle or substantially alter its
9appearance, model, type or mode of operation. "Essential
10parts" includes the following: vehicle hulks, shells, chassis,
11frames, front end assemblies (which may consist of headlight,
12grill, fenders and hood), front clip (front end assembly with
13cowl attached), rear clip (which may consist of quarter
14panels, fenders, floor and top), doors, hatchbacks, fenders,
15cabs, cab clips, cowls, hoods, trunk lids, deck lids, bed,
16front bumper, rear bumper, transmissions, seats, engines, and
17similar parts. "Essential parts" also includes fairings, fuel
18tanks, and forks of motorcycles. "Essential parts" shall also
19include stereo radios and catalytic converters.
20    An essential part which does not have affixed to it an
21identification number as defined in Section 1-129 adopts the
22identification number of the vehicle to which such part is
23affixed, installed or mounted.
24    "Essential parts" does not include an engine,
25transmission, or a rear axle that is used in a glider kit.

 

 

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1(Source: P.A. 99-748, eff. 8-5-16; 100-409, eff. 8-25-17;
2100-863, eff. 8-14-18.)
 
3    (625 ILCS 5/5-401.2)  (from Ch. 95 1/2, par. 5-401.2)
4    Sec. 5-401.2. Licensees required to keep records and make
5inspections.
6    (a) Every person licensed or required to be licensed under
7Section 5-101, 5-101.1, 5-101.2, 5-102, 5-102.8, 5-301, or
85-302 of this Code, shall, with the exception of scrap
9processors, maintain for 3 years, in a form as the Secretary of
10State may by rule or regulation prescribe, at his established
11place of business, additional place of business, or principal
12place of business if licensed under Section 5-302, the
13following records relating to the acquisition or disposition
14of vehicles and their essential parts possessed in this State,
15brought into this State from another state, territory or
16country, or sold or transferred to another person in this
17State or in another state, territory, or country.
18        (1) The following records pertaining to new or used
19    vehicles shall be kept:
20            (A) the year, make, model, style and color of the
21        vehicle;
22            (B) the vehicle's manufacturer's identification
23        number or, if applicable, the Secretary of State or
24        Illinois State Police identification number;
25            (C) the date of acquisition of the vehicle;

 

 

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1            (D) the name and address of the person from whom
2        the vehicle was acquired and, if that person is a
3        dealer, the Illinois or out-of-state dealer license
4        number of such person;
5            (E) the signature of the person making the
6        inspection of a used vehicle as required under
7        subsection (d) of this Section, if applicable;
8            (F) the purchase price of the vehicle, if
9        applicable;
10            (G) the date of the disposition of the vehicle;
11            (H) the name and address of the person to whom any
12        vehicle was disposed, and if that person is a dealer,
13        the Illinois or out-of-State dealer's license number
14        of that dealer;
15            (I) the uniform invoice number reflecting the
16        disposition of the vehicle, if applicable; and
17            (J) The sale price of the vehicle, if applicable.
18        (2) (A) The following records pertaining to used
19    essential parts other than quarter panels and
20    transmissions of vehicles of the first division shall be
21    kept:
22            (i) the year, make, model, color and type of such
23        part;
24            (ii) the vehicle's manufacturer's identification
25        number, derivative number, or, if applicable, the
26        Secretary of State or Illinois State Police

 

 

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1        identification number of such part;
2            (iii) the date of the acquisition of each part;
3            (iv) the name and address of the person from whom
4        the part was acquired and, if that person is a dealer,
5        the Illinois or out-of-state dealer license number of
6        such person; if the essential part being acquired is
7        from a person other than a dealer, the licensee shall
8        verify and record that person's identity by recording
9        the identification numbers from at least two sources
10        of identification, one of which shall be a drivers
11        license or State identification card;
12            (v) the uniform invoice number or out-of-state
13        bill of sale number reflecting the acquisition of such
14        part;
15            (vi) the stock number assigned to the essential
16        part by the licensee, if applicable;
17            (vii) the date of the disposition of such part;
18            (viii) the name and address of the person to whom
19        such part was disposed of and, if that person is a
20        dealer, the Illinois or out-of-state dealer license
21        number of that person;
22            (ix) the uniform invoice number reflecting the
23        disposition of such part.
24        (B) Inspections of all essential parts shall be
25    conducted in accordance with Section 5-402.1.
26        (C) A separate entry containing all of the information

 

 

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1    required to be recorded in subparagraph (A) of paragraph
2    (2) of subsection (a) of this Section shall be made for
3    each separate essential part. Separate entries shall be
4    made regardless of whether the part was a large purchase
5    acquisition. In addition, a separate entry shall be made
6    for each part acquired for immediate sale or transfer, or
7    for placement into the overall inventory or stock to be
8    disposed of at a later time, or for use on a vehicle to be
9    materially altered by the licensee, or acquired for any
10    other purpose or reason. Failure to make a separate entry
11    for each essential part acquired or disposed of, or a
12    failure to record any of the specific information required
13    to be recorded concerning the acquisition or disposition
14    of each essential part as set forth in subparagraph (A) of
15    paragraph (2) of subsection (a) shall constitute a failure
16    to keep records.
17        (D) The vehicle's manufacturer's identification number
18    or Secretary of State or Illinois State Police
19    identification number for the essential part shall be
20    ascertained and recorded even if such part is acquired
21    from a person or dealer located in a State, territory, or
22    country which does not require that such information be
23    recorded. If the vehicle's manufacturer's identification
24    number or Secretary of State or Illinois State Police
25    identification number for an essential part cannot be
26    obtained, that part shall not be acquired by the licensee

 

 

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1    or any of his agents or employees. If such part or parts
2    were physically acquired by the licensee or any of his
3    agents or employees while the licensee or agent or
4    employee was outside this State, that licensee or agent or
5    employee was outside the State, that licensee, agent or
6    employee shall not bring such essential part into this
7    State or cause it to be brought into this State. The
8    acquisition or disposition of an essential part by a
9    licensee without the recording of the vehicle
10    identification number or Secretary of State identification
11    number for such part or the transportation into the State
12    by the licensee or his agent or employee of such part or
13    parts shall constitute a failure to keep records.
14        (E) The records of essential parts required to be kept
15    by this Section shall apply to all hulks, chassis, frames,
16    or cowls, or catalytic converters regardless of the age of
17    those essential parts. The records required to be kept by
18    this Section for essential parts, other than hulks,
19    chassis, frames, or cowls, or catalytic converters, shall
20    apply only to those essential parts which are 6 model
21    years of age or newer. In determining the model year of
22    such an essential part it may be presumed that the
23    identification number of the vehicle from which the
24    essential part came or the identification number affixed
25    to the essential part itself acquired by the licensee
26    denotes the model year of that essential part. This

 

 

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1    presumption, however, shall not apply if the gross
2    appearance of the essential part does not correspond to
3    the year, make or model of either the identification
4    number of the vehicle from which the essential part is
5    alleged to have come or the identification number which is
6    affixed to the essential part itself. To determine whether
7    an essential part is 6 years of age or newer within this
8    paragraph, the model year of the essential part shall be
9    subtracted from the calendar year in which the essential
10    part is acquired or disposed of by the licensee. If the
11    remainder is 6 or less, the record of the acquisition or
12    disposition of that essential part shall be kept as
13    required by this Section.
14        (F) The requirements of paragraph (2) of subsection
15    (a) of this Section shall not apply to the disposition of
16    an essential part, other than a cowl or catalytic
17    converter, which has been damaged or altered to a state in
18    which it can no longer be returned to a usable condition
19    and which is being sold or transferred to a scrap
20    processor or for delivery to a scrap processor.
21    (3) the following records for vehicles on which junking
22certificates are obtained shall be kept:
23        (A) the year, make, model, style and color of the
24    vehicle;
25        (B) the vehicle's manufacturer's identification number
26    or, if applicable, the Secretary of State or Illinois

 

 

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1    State Police identification number;
2        (C) the date the vehicle was acquired;
3        (D) the name and address of the person from whom the
4    vehicle was acquired and, if that person is a dealer, the
5    Illinois or out-of-state dealer license number of that
6    person;
7        (E) the certificate of title number or salvage
8    certificate number for the vehicle, if applicable;
9        (F) the junking certificate number obtained by the
10    licensee; this entry shall be recorded at the close of
11    business of the fifth business day after receiving the
12    junking certificate;
13        (G) the name and address of the person to whom the
14    junking certificate has been assigned, if applicable, and
15    if that person is a dealer, the Illinois or out-of-state
16    dealer license number of that dealer;
17        (H) if the vehicle or any part of the vehicle is
18    dismantled for its parts to be disposed of in any way, or
19    if such parts are to be used by the licensee to materially
20    alter a vehicle, those essential parts shall be recorded
21    and the entries required by paragraph (2) of subsection
22    (a) shall be made.
23    (4) The following records for rebuilt vehicles shall be
24kept:
25        (A) the year, make, model, style and color of the
26    vehicle;

 

 

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1        (B) the vehicle's manufacturer's identification number
2    of the vehicle or, if applicable, the Secretary of State
3    or Illinois State Police identification number;
4        (C) the date the vehicle was acquired;
5        (D) the name and address of the person from whom the
6    vehicle was acquired, and if that person is a dealer, the
7    Illinois or out-of-state dealer license number of that
8    person;
9        (E) the salvage certificate number for the vehicle;
10        (F) the newly issued certificate of title number for
11    the vehicle;
12        (G) the date of disposition of the vehicle;
13        (H) the name and address of the person to whom the
14    vehicle was disposed, and if a dealer, the Illinois or
15    out-of-state dealer license number of that dealer;
16        (I) The sale price of the vehicle.
17    (a-1) A person licensed or required to be licensed under
18Section 5-101 or Section 5-102 of this Code who issues
19temporary registration permits as permitted by this Code and
20by rule must electronically file the registration with the
21Secretary and must maintain records of the registration in the
22manner prescribed by the Secretary.
23    (b) A failure to make separate entries for each vehicle
24acquired, disposed of, or assigned, or a failure to record any
25of the specific information required to be recorded concerning
26the acquisition or disposition of each vehicle as set forth in

 

 

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1paragraphs (1), (3) and (4) of subsection (a) shall constitute
2a failure to keep records.
3    (c) All entries relating to the acquisition of a vehicle
4or essential part required by subsection (a) of this Section
5shall be recorded no later than the close of business on the
6seventh calendar day following such acquisition. All entries
7relating to the disposition of a vehicle or an essential part
8shall be made at the time of such disposition. If the vehicle
9or essential part was disposed of on the same day as its
10acquisition or the day thereafter, the entries relating to the
11acquisition of the vehicle or essential part shall be made at
12the time of the disposition of the vehicle or essential part.
13Failure to make the entries required in or at the times
14prescribed by this subsection following the acquisition or
15disposition of such vehicle or essential part shall constitute
16a failure to keep records.
17    (d) Every person licensed or required to be licensed
18shall, before accepting delivery of a used vehicle, inspect
19the vehicle to determine whether the manufacturer's public
20vehicle identification number has been defaced, destroyed,
21falsified, removed, altered, or tampered with in any way. If
22the person making the inspection determines that the
23manufacturer's public vehicle identification number has been
24altered, removed, defaced, destroyed, falsified or tampered
25with he shall not acquire that vehicle but instead shall
26promptly notify law enforcement authorities of his or her

 

 

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1finding.
2    (e) The information required to be kept in subsection (a)
3of this Section shall be kept in a manner prescribed by rule or
4regulation of the Secretary of State.
5    (f) Every person licensed or required to be licensed shall
6have in the person's his possession a separate certificate of
7title, salvage certificate, junking certificate, certificate
8of purchase, uniform invoice, out-of-state bill of sale or
9other acceptable documentary evidence of the person's his
10right to the possession of every vehicle or essential part.
11    (g) Every person licensed or required to be licensed as a
12transporter under Section 5-201 shall maintain for 3 years, in
13such form as the Secretary of State may by rule or regulation
14prescribe, at the person's his principal place of business a
15record of every vehicle transported by the person him,
16including numbers of or other marks of identification thereof,
17the names and addresses of persons from whom and to whom the
18vehicle was delivered and the dates of delivery.
19    (h) No later than 15 days prior to going out of business,
20selling the business, or transferring the ownership of the
21business, the licensee shall notify the Secretary of State
22that the licensee he is going out of business or that the
23licensee he is transferring the ownership of the business.
24Failure to notify under this paragraph shall constitute a
25failure to keep records.
26    (i) (Blank).

 

 

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1    (j) A person who knowingly fails to comply with the
2provisions of this Section or knowingly fails to obey,
3observe, or comply with any order of the Secretary or any law
4enforcement agency issued in accordance with this Section is
5guilty of a Class B misdemeanor for the first violation and a
6Class A misdemeanor for the second and subsequent violations.
7Each violation constitutes a separate and distinct offense and
8a separate count may be brought in the same indictment or
9information for each vehicle or each essential part of a
10vehicle for which a record was not kept as required by this
11Section.
12    (k) Any person convicted of failing to keep the records
13required by this Section with intent to conceal the identity
14or origin of a vehicle or its essential parts or with intent to
15defraud the public in the transfer or sale of vehicles or their
16essential parts is guilty of a Class 2 felony. Each violation
17constitutes a separate and distinct offense and a separate
18count may be brought in the same indictment or information for
19each vehicle or essential part of a vehicle for which a record
20was not kept as required by this Section.
21    (l) A person may not be criminally charged with or
22convicted of both a knowing failure to comply with this
23Section and a knowing failure to comply with any order, if both
24offenses involve the same record keeping violation.
25    (m) The Secretary shall adopt rules necessary for
26implementation of this Section, which may include the

 

 

HB4589- 14 -LRB103 37108 MXP 67227 b

1imposition of administrative fines.
2(Source: P.A. 101-505, eff. 1-1-20; 102-538, eff. 8-20-21.)
 
3    (625 ILCS 5/5-402.1)  (from Ch. 95 1/2, par. 5-402.1)
4    Sec. 5-402.1. Use of Secretary of State Uniform Invoice
5for Essential Parts.
6    (a) Except for scrap processors, every person licensed or
7required to be licensed under Section 5-101, 5-101.1, 5-102,
85-102.8, or 5-301 of this Code shall issue, in a form the
9Secretary of State may by rule or regulation prescribe, a
10Uniform Invoice, which may also act as a bill of sale, with
11respect to each transaction in which he disposes of an
12essential part other than quarter panels and transmissions of
13vehicles of the first division. Such Invoice shall be made out
14at the time of the disposition of the essential part. If the
15licensee disposes of several essential parts in the same
16transaction, the licensee may issue one Uniform Invoice
17covering all essential parts disposed of in that transaction.
18    (b) The following information shall be contained on the
19Uniform Invoice:
20        (1) the business name, address, and dealer license
21    number of the person disposing of the essential part;
22        (2) the name and address of the person acquiring the
23    essential part, and if that person is a dealer, the
24    Illinois or out-of-state dealer license number of that
25    dealer;

 

 

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1        (3) the date of the disposition of the essential part;
2        (4) the year, make, model, color, and description of
3    each essential part disposed of by the person;
4        (5) the manufacturer's vehicle identification number,
5    Secretary of State identification number, or Illinois
6    State Police identification number for each essential part
7    disposed of by the person;
8        (6) the printed name and legible signature of the
9    person or agent disposing of the essential part; and
10        (7) if the person is a dealer the printed name and
11    legible signature of the dealer or his agent or employee
12    accepting delivery of the essential part.
13    (c) Except for scrap processors, and except as set forth
14in subsection (d) of this Section, whenever a person licensed
15or required to be licensed by Section 5-101, 5-101.1, 5-102,
16or 5-301 accepts delivery of an essential part, other than
17quarter panels and transmissions of vehicles of the first
18division, that person shall, at the time of the acceptance or
19delivery, comply with the following procedures:
20        (1) Before acquiring or accepting delivery of any
21    essential part, the licensee or his authorized agent or
22    employee shall inspect the part to determine whether the
23    vehicle identification number, Secretary of State
24    identification number, Illinois State Police
25    identification number, or identification plate or sticker
26    attached to or stamped on any part being acquired or

 

 

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1    delivered has been removed, falsified, altered, defaced,
2    destroyed, or tampered with. If the licensee or his agent
3    or employee determines that the vehicle identification
4    number, Secretary of State identification number, Illinois
5    State Police identification number, identification plate
6    or identification sticker containing an identification
7    number, or Federal Certificate label of an essential part
8    has been removed, falsified, altered, defaced, destroyed,
9    or tampered with, the licensee or agent shall not accept
10    or receive that part.
11        If that part was physically acquired by or delivered
12    to a licensee or his agent or employee while that
13    licensee, agent, or employee was outside this State, that
14    licensee or agent or employee shall not bring that
15    essential part into this State or cause it to be brought
16    into this State.
17        (2) If the person disposing of or delivering the
18    essential part to the licensee is a licensed in-state or
19    out-of-state dealer, the licensee or his agent or
20    employee, after inspecting the essential part as required
21    by paragraph (1) of this subsection (c), shall examine the
22    Uniform Invoice, or bill of sale, as the case may be, to
23    ensure that it contains all the information required to be
24    provided by persons disposing of essential parts as set
25    forth in subsection (b) of this Section. If the Uniform
26    Invoice or bill of sale does not contain all the

 

 

HB4589- 17 -LRB103 37108 MXP 67227 b

1    information required to be listed by subsection (b) of
2    this Section, the dealer disposing of or delivering such
3    part or his agent or employee shall record such additional
4    information or other needed modifications on the Uniform
5    Invoice or bill of sale or, if needed, an attachment
6    thereto. The dealer or his agent or employee delivering
7    the essential part shall initial all additions or
8    modifications to the Uniform Invoice or bill of sale and
9    legibly print his name at the bottom of each document
10    containing his initials. If the transaction involves a
11    bill of sale rather than a Uniform Invoice, the licensee
12    or his agent or employee accepting delivery of or
13    acquiring the essential part shall affix his printed name
14    and legible signature on the space on the bill of sale
15    provided for his signature or, if no space is provided, on
16    the back of the bill of sale. If the dealer or his agent or
17    employee disposing of or delivering the essential part
18    cannot or does not provide all the information required by
19    subsection (b) of this Section, the licensee or his agent
20    or employee shall not accept or receive any essential part
21    for which that required information is not provided. If
22    such essential part for which the information required is
23    not fully provided was physically acquired while the
24    licensee or his agent or employee was outside this State,
25    the licensee or his agent or employee shall not bring that
26    essential part into this State or cause it to be brought

 

 

HB4589- 18 -LRB103 37108 MXP 67227 b

1    into this State.
2        (3) If the person disposing of the essential part is
3    not a licensed dealer, the licensee or his agent or
4    employee shall, after inspecting the essential part as
5    required by paragraph (1) of subsection (c) of this
6    Section verify the identity of the person disposing of the
7    essential part by examining 2 sources of identification,
8    one of which shall be either a driver's license or state
9    identification card. The licensee or his agent or employee
10    shall then prepare a Uniform Invoice listing all the
11    information required to be provided by subsection (b) of
12    this Section. In the space on the Uniform Invoice provided
13    for the dealer license number of the person disposing of
14    the part, the licensee or his agent or employee shall list
15    the numbers taken from the documents of identification
16    provided by the person disposing of the part. The person
17    disposing of the part shall affix his printed name and
18    legible signature on the space on the Uniform Invoice
19    provided for the person disposing of the essential part
20    and the licensee or his agent or employee acquiring the
21    part shall affix his printed name and legible signature on
22    the space provided on the Uniform Invoice for the person
23    acquiring the essential part. If the person disposing of
24    the essential part cannot or does not provide all the
25    information required to be provided by this paragraph, or
26    does not present 2 satisfactory forms of identification,

 

 

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1    the licensee or his agent or employee shall not acquire
2    that essential part.
3    (d) If an essential part other than quarter panels and
4transmissions of vehicles of the first division was delivered
5by a licensed commercial delivery service delivering such part
6on behalf of a licensed dealer, the person required to comply
7with subsection (c) of this Section may conduct the inspection
8of that part required by paragraph (1) of subsection (c) and
9examination of the Uniform Invoice or bill of sale required by
10paragraph (2) of subsection (c) of this Section immediately
11after the acceptance of the part.
12        (1) If the inspection of the essential part pursuant
13    to paragraph (1) of subsection (c) reveals that the
14    vehicle identification number, Secretary of State
15    identification number, Illinois State Police
16    identification number, identification plate or sticker
17    containing an identification number, or Federal
18    Certificate label of an essential part has been removed,
19    falsified, altered, defaced, destroyed, or tampered with,
20    the licensee or his agent shall immediately record such
21    fact on the Uniform Invoice or bill of sale, assign the
22    part an inventory or stock number, place such inventory or
23    stock number on both the essential part and the Uniform
24    Invoice or bill of sale, and record the date of the
25    inspection of the part on the Uniform Invoice or bill of
26    sale. The licensee shall, within 7 days of such

 

 

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1    inspection, return such part to the dealer from whom it
2    was acquired.
3        (2) If the examination of the Uniform Invoice or bill
4    of sale pursuant to paragraph (2) of subsection (c)
5    reveals that any of the information required to be listed
6    by subsection (b) of this Section is missing, the licensee
7    or person required to be licensed shall immediately assign
8    a stock or inventory number to such part, place such stock
9    or inventory number on both the essential part and the
10    Uniform Invoice or bill of sale, and record the date of
11    examination on the Uniform Invoice or bill of sale. The
12    licensee or person required to be licensed shall acquire
13    the information missing from the Uniform Invoice or bill
14    of sale within 7 days of the examination of such Uniform
15    Invoice or bill of sale. Such information may be received
16    by telephone conversation with the dealer from whom the
17    part was acquired. If the dealer provides the missing
18    information the licensee shall record such information on
19    the Uniform Invoice or bill of sale along with the name of
20    the person providing the information. If the dealer does
21    not provide the required information within the
22    aforementioned 7-day period, the licensee shall return the
23    part to that dealer.
24    (e) Except for scrap processors, all persons licensed or
25required to be licensed who acquire or dispose of essential
26parts other than quarter panels and transmissions of vehicles

 

 

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1of the first division shall retain a copy of the Uniform
2Invoice required to be made by subsections (a), (b), and (c) of
3this Section for a period of 3 years.
4    (f) Except for scrap processors, any person licensed or
5required to be licensed under Section 5-101, 5-102, or 5-301
6who knowingly fails to record on a Uniform Invoice any of the
7information or entries required to be recorded by subsections
8(a), (b), and (c) of this Section, or who knowingly places
9false entries or other misleading information on such Uniform
10Invoice, or who knowingly fails to retain for 3 years a copy of
11a Uniform Invoice reflecting transactions required to be
12recorded by subsections (a), (b), and (c) of this Section, or
13who knowingly acquires or disposes of essential parts without
14receiving, issuing, or executing a Uniform Invoice reflecting
15that transaction as required by subsections (a), (b), and (c)
16of this Section, or who brings or causes to be brought into
17this State essential parts for which the information required
18to be recorded on a Uniform Invoice is not recorded as
19prohibited by subsection (c) of this Section, or who knowingly
20fails to comply with the provisions of this Section in any
21other manner shall be guilty of a Class 2 felony. Each
22violation shall constitute a separate and distinct offense and
23a separate count may be brought in the same indictment or
24information for each essential part for which a record was not
25kept as required by this Section or for which the person failed
26to comply with other provisions of this Section.

 

 

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1    (g) The records required to be kept by this Section may be
2examined by a person or persons making a lawful inspection of
3the licensee's premises pursuant to Section 5-403.
4    (h) The records required to be kept by this Section shall
5be retained by the licensee at his principal place of business
6for a period of 3 years.
7    (i) The requirements of this Section shall not apply to
8the disposition of an essential part, other than a cowl or a
9catalytic converter, which has been damaged or altered to a
10state in which it can no longer be returned to a usable
11condition and which is being sold or transferred to a scrap
12processor or for delivery to a scrap processor.
13(Source: P.A. 101-505, eff. 1-1-20; 102-318, eff. 1-1-22;
14102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
 
15    Section 15. The Recyclable Metal Purchase Registration Law
16is amended by changing Sections 2, 3, 4.1, and 4.4 as follows:
 
17    (815 ILCS 325/2)  (from Ch. 121 1/2, par. 322)
18    Sec. 2. Definitions. When used in this Act:
19    "Catalytic converter" means a post-combustion device that
20oxidizes hydrocarbons and carbon monoxide gases or reduces
21oxides of nitrogen and that is designed or intended for use as
22part of an emission control system. As used in this Section,
23"catalytic converter" includes nonferrous parts, including
24rhodium, platinum, and palladium.

 

 

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1    "Detached catalytic converter" means a catalytic converter
2that was previously installed on a motor vehicle and
3subsequently removed.
4    "Recyclable metal" means any copper, brass, or aluminum,
5or any combination of those metals, or any catalytic converter
6or its contents purchased by a recyclable metal dealer,
7irrespective of form or quantity, except that "recyclable
8metal" does not include: (i) items designed to contain, or to
9be used in the preparation of, beverages or food for human
10consumption; (ii) discarded items of non-commercial or
11household waste; (iii) gold, silver, platinum, and other
12precious metals used in jewelry; or (iv) vehicles, junk
13vehicles, vehicle cowls, or essential vehicle parts except
14catalytic converters.
15    "Recyclable metal dealer" means any individual, firm,
16corporation or partnership conducting activity within the
17boundaries of the State of Illinois and engaged in the
18business of purchasing and reselling recyclable metal either
19at a permanently established place of business or in
20connection with a business of an itinerant nature, including
21junk shops, junk yards, or junk stores, except that
22"recyclable metal dealer" does not include automotive parts
23recyclers, scrap processors, repairers and rebuilders licensed
24pursuant to Section 5-301 of the Illinois Vehicle Code.
25Recyclable metal dealers shall not be engaged in the business
26of purchasing or reselling vehicles, junk vehicles, vehicle

 

 

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1cowls, or essential vehicle parts except catalytic converters.
2(Source: P.A. 102-906, eff. 5-27-22.)
 
3    (815 ILCS 325/3)  (from Ch. 121 1/2, par. 323)
4    Sec. 3. Records of purchases. Except as provided in
5Section 5 of this Act every recyclable metal dealer in this
6State shall enter into an electronic record-keeping system for
7each purchase of recyclable metal, a catalytic converter or
8its contents, or recyclable metal containing copper the
9following information:
10        1. The name and address of the recyclable metal
11    dealer;
12        2. The date and place of each purchase;
13        3. The name, address, and copy of the license as an
14    automotive parts recycler or scrap processor issued by the
15    Secretary of State of the person or persons from whom the
16    recyclable metal was purchased, which shall be verified
17    from a valid driver's license or other government-issued
18    photo identification. The recyclable metal dealer shall
19    make and record a photocopy or electronic scan of the
20    license as an automotive parts recycler or scrap processor
21    issued by the Secretary of State and driver's license or
22    other government-issued photo identification. If the
23    person delivering the recyclable metal does not have a
24    valid driver's license or other government-issued photo
25    identification, the recyclable metal dealer shall not

 

 

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1    complete the transaction;
2        4. The motor vehicle license number and state of
3    issuance of the motor vehicle license number of the
4    vehicle or conveyance on which the recyclable metal was
5    delivered to the recyclable metal dealer;
6        5. A description of the recyclable metal purchased,
7    including the weight and whether it consists of bars,
8    cable, ingots, rods, tubing, wire, wire scraps, clamps,
9    connectors, other appurtenances, or some combination
10    thereof, and, in a transaction involving a catalytic
11    converter, the vehicle identification number of the
12    vehicle from which the catalytic converter was removed and
13    the part number or other identifying number of the
14    catalytic converter that was removed;
15        6. Photographs or video, or both, of the seller and of
16    the materials as presented on the scale; and
17        7. A declaration signed and dated by the person or
18    persons from whom the recyclable metal was purchased which
19    states the following:
20            "I, the undersigned, affirm under penalty of law
21        that the property that is subject to this transaction
22        is not to the best of my knowledge stolen property.";
23        and .
24        8. A copy of the certificate of title or registration
25    showing the seller's ownership in the vehicle in the case
26    of a transaction involving a catalytic converter.

 

 

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1    A copy of the recorded information shall be kept in an
2electronic record-keeping system by the recyclable metal
3dealer. Purchase records shall be retained for a period of 3
4years. Photographs shall be retained for a period of 3 months
5and video recordings shall be retained for a period of one
6month. The electronic record-keeping system shall be made
7available for inspection by any law enforcement official or
8the representatives of common carriers and persons, firms,
9corporations or municipal corporations engaged in either the
10generation, transmission or distribution of electric energy or
11engaged in telephone, telegraph or other communications, at
12any time. A recyclable metal dealer must complete and file a
131099-MISC on behalf of the seller, unless the seller has a
14current license as an automotive parts recycler or scrap
15processor issued by the Secretary of State.
16(Source: P.A. 102-906, eff. 5-27-22.)
 
17    (815 ILCS 325/4.1)
18    Sec. 4.1. Restricted purchases.
19    (a) It is a violation of this Act for any person to
20possess, purchase, attempt to purchase, sell or attempt to
21sell, or for any recyclable metal dealer to purchase or
22attempt to purchase, any of the following:
23        (1) materials that are clearly marked as property
24    belonging to a business or someone else other than the
25    seller;

 

 

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1        (2) property associated with use by governments,
2    utilities, or railroads including, but not limited to,
3    guardrails, manhole covers, electric transmission and
4    distribution equipment, including transformers, grounding
5    straps, wires or poles, historical markers, street signs,
6    traffic signs, sewer grates, or any rail, switch
7    component, spike, angle bar, tie plate, or bolt of the
8    type used in constructing railroad track;
9        (3) cemetery plaques or ornaments; or
10        (4) any catalytic converter or its contents not
11    attached to a motor vehicle at the time of the transaction
12    unless the seller is licensed as an automotive parts
13    recycler or scrap processor and is in compliance with
14    Section 4.4 of the Recyclable Metal Purchase Registration
15    Law.
16    (b) This Section shall not apply when the seller produces
17written documentation reasonably demonstrating that the seller
18is the owner of the recyclable metal material or is authorized
19to sell the material on behalf of the owner. The recyclable
20metal dealer shall copy any such documentation and maintain it
21along with the purchase record required by Section 3 of this
22Act.
23(Source: P.A. 102-906, eff. 5-27-22.)
 
24    (815 ILCS 325/4.4)
25    Sec. 4.4. Purchase of a catalytic converter or its

 

 

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1contents.
2    (a) It is unlawful for any person to purchase or otherwise
3acquire a used, detached catalytic converter or any nonferrous
4part thereof unless all of the following apply:
5        (1) the person is a licensed recyclable metal dealer;
6        (2) the sale or purchase occurs at the fixed business
7    address of a licensed recyclable metal dealer that is a
8    party to the transaction; and
9        (3) the purchaser has maintained the information
10    required under Section 3 of the Recyclable Metal Purchase
11    Registration Law.
12    (b) A recyclable metal dealer shall not pay cash in
13payment for any catalytic converter or its contents having a
14value of $100 or more.
15    (c) As used in this Section:
16    "Fixed business address of the licensed recyclable metal
17dealer" means the address of the business that is on the
18licensee issued by the Secretary of State. "Fixed business
19address of the licensed recyclable metal dealer" also includes
20the licensed address of a recyclable metal dealer, new or used
21motor vehicle dealer, automotive repair service, motor vehicle
22manufacturer, licensed automotive dismantler and parts
23recycler, or distributor of catalytic converters who sells or
24purchases the used, detached catalytic converter.
25    "Used, detached catalytic converter" does not include a
26catalytic converter that has been tested, certified, and

 

 

HB4589- 29 -LRB103 37108 MXP 67227 b

1labeled for reuse in accordance with applicable United States
2Environmental Protection Agency Clean Air Act regulations.
3(Source: P.A. 102-906, eff. 5-27-22.)